Object and Reasons Though the provisions of many Central Acts are applicable to Berar, this result does not flow from the British Indian Act itself being proprio vigore operative in Berar but is achieved by the application to Berar by order made under the Indian (Foreign Jurisdiction) Order in Council, 1902, of each such Act often with certain modifications of the form in which the Act is in force in British India. Certain administrative inconveniences result from this. The Act as in force in British India is distinct from the Act as in force in Berar, the former being an enactment applying proprio vigore to British India but not to Berar, the latter consisting of the provisions of the British Indian Act made applicable to Berar by order under the Foreign Jurisdiction Order but not applicable to British India. Notifications and statutory Rules issued under identical provisions, operative both in British India and in Berar, have accordingly to be issued separately for British India and for Berar, and a similar dual process must attend any subsequent amendment of such notifications and rules. The repeal in British India of an Act made applicable to Berar does not automatically make the Act inoperative in Berar.2. Since the commencement of Part III of the Government of India Act, 1935 on the 1st April 1937, Berar and the Central Provinces have been deemed to be one Governor's Province, and an Act passed after that date and expressed to extend to the whole of British India does extend proprio vigore to Berar.3. The primary object of the present Bill is to assimilate the position of Central Acts passed before the 1st day of April, 1937, to that of those passed after that date and automatically in force in Berar, that is to say, by means of one comprehensive enactment to extend to and make operative proprio vigore in Berar Central Acts passed before the commencement of Part III of the Government of India Act, 1935, while simultaneously nullifying the orders under the Foreign Jurisdiction Order in Council by virtue of which those Acts are operative in Berar. It is possible, now that the legislative competence of the Central Legislature is confined to matters enumerated in List I and List III of the Seventh Schedule to the Government of India Act, 1935, to achieve the result aimed at only in part by legislation in the Central legislature. So far as the Central Legislature is incompetent to achieve the result completely, because the subject-matter of the Act to be extended is included in List II. It is anticipated that this Central legislation will be supplemented by Provincial legislation, and that the Central Act and the Provincial Act will come into operation simultaneously, each thus completing what the other left incomplete. Accordingly the Acts to be extended to Berar are grouped in two separate Schedules, Schedules I and II, according as their subject-matter is relatable solely to List I and List III or only partly to those Lists and partly to List II.4. In addition to Central Acts the provisions of which are already applicable to Berar by virtue of orders under the Foreign Jurisdiction Order in Council, Schedules I and II also contain a few Acts which it seems advisable to take the opportunity afforded by the Bill to extend to Berar.
